Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 277

Immigration legal assistance

             (1)  For the purposes of this Part, a lawyer gives immigration legal assistance if the lawyer:

                     (a)  acts for a visa applicant or cancellation review applicant in preparing for proceedings before a court in relation to the visa application or cancellation review application; or

                     (b)  represents or otherwise acts for a visa applicant or cancellation review applicant in proceedings before a court in relation to the visa application or cancellation review application; or

                     (c)  gives advice to a visa applicant or cancellation review applicant in relation to the visa application or cancellation review application that is not advice for the purpose of any of the following:

                              (i)  the preparation or lodging of the visa application or cancellation review application;

                             (ii)  proceedings before a review authority in relation to the visa application or cancellation review application;

                            (iii)  the review by a review authority of a decision relating to the visa application or cancellation review application.

             (2)  For the purposes of this Part, a lawyer also gives immigration legal assistance if the lawyer:

                     (a)  represents or otherwise acts for a person in proceedings (or in preparing for proceedings) before a court that relate to the visa for which the person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations; or

                     (b)  gives advice to a person about nominating or sponsoring a visa applicant for the purposes of the regulations (except advice described in subsection (3)).

             (3)  A lawyer does not give immigration legal assistance in giving advice to a person about nominating or sponsoring a visa applicant for the purposes of the regulations if the advice is for the purpose of:

                     (a)  the preparation or lodging of an approved form putting forward the name of a visa applicant; or

                     (b)  the preparation or lodging of an approved form undertaking sponsorship; or

                     (c)  proceedings before a review authority that relate to the visa for which the person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant); or

                     (d)  the review by a review authority of a decision relating to the visa for which the person was nominating or sponsoring the visa applicant (or seeking to nominate or sponsor the visa applicant).

             (4)  A lawyer does not give immigration legal assistance in giving advice to another person that is for the purpose of the preparation or making of a request to the Minister to exercise his or her power under section 351, 417 or 501J in respect of a decision (whether or not the decision relates to the other person).

             (5)  A lawyer does not give immigration legal assistance in giving advice to another person that is for the purpose of the preparation or making of a request to the Minister to exercise a power under section 195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person).



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